Introduction

David Hammond has international public law, maritime and criminal experience covering defence, prosecution and advisory matters both in the UK and around the globe often at State, UN and EU level.

David has been instructed in Magistrates, Crown and High Courts for a variety of matters covering various criminal offences, fraud, asset recovery and human rights abuses. He has the international lead for developing the international maritime Rules for the Use of Force (RUF) and Deprivation of Liberty guidance at sea, and he conceived and founded the international ‘Human Rights at Sea‘ organisation as the pre-eminent maritime human rights platform. David also conceived and founded the global ‘Missing Seafarers Reporting Programme‘ as yet another international first for seafarers and fishermen. He has a strong interest in anti-slavery, IUU and investigation of maritime abuses.

David has drafted international state-level agreements, protocols and was the first person to formally introduce Business and Human Rights into North Africa in 2013. Head lawyer for the European Union in East Africa with extensive counter-piracy and human trafficking experience, and political experience in Brussels, he is also UK Counsel to Libyan National Counsel for Civil Liberties and Human Rights. David is a member of the English Bar Council’s Rule of Law Committee and is noted in the Legal 500. In 2013, he was the Lloyds finalist for maritime lawyer of the year and is a UK Deployable Civilian Expert for global law and justice matters in complex environments.

David’s legal, management and project skills are significant as a result of 25 years international work for governments, NGOs and private clients. He has a network and understands intimately the practical legal requirements and policy processes for setting up new international projects and structures.

Maritime Use of Force & Human Rights. David is a maritime industry leading expert for use of force, having authored the industry developed (ISO PAS 28007-2) and United Nations (UN) International Maritime Organisation (IMO) recognised international model set of maritime Rules for the Use of Force, widely known and referred to as the “100 Series Rules”.

Human Rights. North Africa. Libya. David has been instructed by the Libyan National Council for Civil Liberties and Human Rights (NCCLHR) in Tripoli as sole UK Counsel. He has assisted in developing national rule of law initiatives, human rights strategic policies, drafting of core NCCLHR documentation, legal training and lecturing. He also provides private client services to Libyan nationals seeking international representation. See “Articles” below.

David is a member of the MARSAFENET programme. Marsafenet aims to bring together experts in international law of the sea in order to increase the knowledge on these topics and to develop a common conceptual and methodological framework with the goal of contributing to fill the legal gaps and of transforming scientific results into feasible solutions for ensuring safety and security at sea. The Action is intended to foster the identification and exploitation of synergies between EU policies on maritime safety and security and to be complementary to the existing European cross-sectorial initiatives in this area, allowing the existing knowledge to be shared and enhanced within a structured comparative framework, with a view to disseminating findings at national and international level and identifying inputs for supporting the decision-making process in the field.

Areas of Practice

Private International Law

Civil Liberties and Human Rights

Counter-Piracy and Private Maritime Security Company Advisory

Criminal and Commercial Use of Force

Fraud (Criminal and Civil)

Maritime Crime

International Maritime Law, Law of the Sea and Maritime Boundary Advisory

International Criminal Law

International Humanitarian Law

UK and Foreign Government Advisory and in-house reviews

International Mediation and Alternative Dispute Resolution

Memberships

International Bar Association (IBA)

International Bar Association’s Human Rights Institute (IBAHRI)

Chatham House

Criminal Bar Association (CBA)

Member of the English & Welsh Bar Rule of Law Committee

Associate Member of the Chartered Institute of Arbitrators (CIArb)

Honorary Research Fellow Greenwich Maritime Institute

International Work

Duty to Investigate abuses at sea. Guidance produced with Stevenson Harwood LLP. HERE.

Private Detention at Sea. Development with MARSAFNET of guiding principles of private detention by commercial ships in international waters.

Libya. Rule of Law and Human Rights advisory instruction to the Libyan National Council for Civil Liberties and Human Rights (NCCLHR) in Tripoli as UK Counsel and NCCLHR lead in London. David was the author of the NCCLHR “Declaration of Adoption of the UN Guiding Principles for business and human rights” which was adopted on 19 January 2014 in Tripoli. This was a first in North Africa.

Maritime NGO. Partner to The Romeo Dallaire Child Soldiers Initiative for child pirates (here), use of force, protection of human rights of the child and detention / temporary deprivation of liberty at sea working practices.

United Nations. UNICRI drafting committee subject matter expert (maritime human rights and use of force) for the Italian Governments’ Ministry for Foreign Affairs’ initiative for international guidance as to the employment of Privately Contracted Armed Security Personnel (PCASP) by Private Maritime Security Companies (PMSCs) on board ships.

Counter-Piracy. EU CAP NESTOR. Head legal advisor and national representative for conception, inception and establishment of the European Union Common Security and Defence Policy (CSDP) counter-piracy Legal Advisory Programme as part of “NESTOR” across five East African States as part of the Council Decision 2012/389/CFSP . Conceived and developed ongoing rule of law programmes in Somalia (2012).

International Boundaries. Kuwait/Iraq Khor Abd Allah Protocols (“KAA Protocols”). Conceived and delivered the Khor Abd Allah (KAA) maritime boundary Protocols as between Kuwait and Iraq (2008), promoting mutual respect and customary use of a shared waterway to assist in de-escalating regional post-conflict tensions. Drafted text based on International law convention which remains extant and used on a daily basis.(May 2008-current).